Animal nuisance ordinance adopted

Monday

Dec 10, 2012 at 1:56 PMDec 10, 2012 at 2:08 PM

Ordinance also amends burning yard waste and street vendor provisions

By Ami RidlingDaily News staff writer

YREKA – Citizens burdened by neighbors’ barking dogs, chicken odors or other animal nuisances will soon be met with a more streamlined complaint process, and animal owners who fail to abate these nuisances will face fines.

The Yreka City Council voted last Thursday to adopt Ordinance Number 832, amending the section of the city’s municipal code that addresses animal disturbances. The ordinance, which also amends the municipal code sections regarding the burning of yard waste material and street vendor provisions, will become effective Jan. 5, 2013 – which marks 30 days after its adoption.

“We all love our pets. A dog is man’s best friend, but a dog that barks all night can really drive a person crazy,” commented Yreka Mayor David Simmen.

The ordinance states, “It is unlawful and a public nuisance for any person owning or having custody of any animal, fowl or bird within any residential neighborhood, or adjacent to a residential neighborhood, to cause, permit or allow any such animal, fowl or bird to make or utter frequent or long continued noise which by reason of its raucous, loud or irritating nature causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.”

Animal odors that affect neighbors of “normal sensitivity” are also unlawful under the new ordinance.

Those wishing to complain about disturbing animal noises or odors will contact the Yreka Police Department (YPD). A written warning will be issued to the owner of the animal, or the address where the animal resides.

Any additional complaint against the same animal or address occurring within 30 days of any other complaint must include a seven-day log of the disturbance. The disturbance is to be confirmed by the YPD’s Animal mal Control Officer’s investigation. Any person owning or having custody of any animal found to be in violation will be found guilty of an infraction.

The first violation will result in a fine not exceeding $50, a fine not exceeding $100 will be issued if a second violation occurs within one year of the first violation and a fine not exceeding $250 will result for each additional violation in that same year.

“This ordinance gives more power to the Yreka Police Department to enforce animal nuisance violations,” commented Simmen. He added that this ordinance “reaches out a little more to address problem issues.”

YPD Chief Brian Bowles drafted the ordinance with the help of Yreka City Attorney Mary Frances McHugh and a citizen who Bowles said has been met with road blocks when attempting to file a complaint about a neighbor’s barking dog that keeps him awake all night.

Previously, when a citizen wished to file a complaint about animal disturbances, he or she was directed to file a written complaint at city hall. If the city’s animal control officer had “reasonable cause to believe” a violation had been committed, YPD served the animal owner with a written notice of violation and ordered him or her to abate the nuisance within 10 days.

If the nuisance was not abated within 10 days, the animal control officer would file a written report to the city manager, who in turn directed the city attorney to file a legal proceeding in the Siskiyou County Superior Court.

According to Yreka City Manager Steve Baker, the city has never filed a case in the court against owners of animals who habitually disturb neighbors.

“The new ordinance will give us the authority to address animal nuisance problems and it will prompt animal owners to seek compliance,” commented Bowles.

Burn permitsThe ordinance also addresses a municipal code amendment for the burning of yard debris.

The ordinance states that it is unlawful for any person to burn yard debris at any place within the city without first obtaining a burn permit from Yreka City Hall. Permissible burn hours will be set by the Siskiyou County Air Pollution Control office for any permissible burn day.

Yard debris must be burned in a fire-safe enclosure and supervised by an adult. Burn permits must be displayed in a conspicuous area of the property viewable by the Yreka Fire Department or YPD in the event they respond to a fire call.

The ordinance states that any person who is convicted of violating this section of the municipal code will be subject to a fine not exceeding $1,000 or imprisonment in the county jail not exceeding six months.

In addition, any expense incurred by the city to suppress any fire resulting from yard debris burning will be borne by the individual responsible for the escaped burn.

Street vendorsThe ordinance amends the city’s municipal code to regulate vendor parking on city streets and establishes a time period that vendors may park on private property without being required to obtain a conditional use permit.

For more information about this amendment or the other municipal code changes regarding animal disturbances and yard debris burning, visit ci.yreka.ca.us.

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